And every sacrificial animal or feeding is for the poor of the Haram, and the expiation for the nuisance, and the wearing of sewn garments, and the like, and the blood of being prevented, where its cause is found.
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The Shaykh : Then the author mentioned where the expiation is to be given, in what place and in what time, and he said: "And every sacrificial animal or feeding is for the poor of the Haram". Every sacrificial animal means what a person offers to the House, whether it is a voluntary sacrifice, for example, my brother, what is an example of a voluntary sacrifice?
The questioner : He... .
The Shaykh : No, what is an example of a voluntary sacrifice?
The questioner : That one of them is performing Hajj alone, or ... from a single person.
The Shaykh : That he offers a sacrifice that is not obligatory; he is performing Hajj alone and has no sacrificial animal due upon him, but he volunteers to offer a sacrifice. Every sacrificial animal: or the sacrifice may be obligatory, such as the sacrifice of Tamattu' or Qiran, or the sacrifice may be an expiation for leaving an obligatory act or for committing a prohibited act. "Or feeding" means every feeding, such as feeding six poor people in the expiation for the nuisance, or feeding the poor in the penalty for hunting, and the like. The author says: "For the poor of the Haram, meaning it is distributed to the poor of the Haram". This is not absolute for every sacrifice, because the sacrifice of Tamattu' and Qiran is a sacrifice of gratitude, so it is not obligatory to distribute it to the poor of the Haram; rather, its ruling is the ruling of the 'Id sacrifice, meaning that one eats from it, gives gifts, and gives charity. This is the sacrifice of Tamattu' and Qiran. However, the one who gives charity from the sacrifice of Tamattu' or Qiran must give it to the poor of the Haram, and charity given to anyone other than the poor of the Haram is not valid. If a person slaughters the sacrifice of Tamattu' or Qiran in Makkah and then takes the meat out to al-Sharai' or to Haddah or the like, and eats there and distributes it to the poor there, it does not suffice for him, because it must be for the poor of the Haram. The sacrifice that is due for leaving an obligatory act must be given entirely in charity to the poor of the Haram. The obligatory sacrifice for committing a prohibited act other than hunting may be in the Haram or in the place where the prohibited act was committed; it may be in the Haram or in the place where the prohibited act was committed. The evidence that it may be in the place where the prohibited act was committed is that the Messenger of Allah (peace and blessings be upon him) ordered Ka'b ibn 'Ujr to expiate with a sheep in the place where the prohibited act was committed. And because this blood became obligatory due to the violation of the rites in a specific place, it is permissible for its expiation to be in that place. And what is permissible to do outside the Haram is permissible to do inside the Haram. Meaning, what is permissible to slaughter and distribute outside the Haram is permissible to slaughter and distribute inside the Haram, but not the reverse; what is obligatory in the Haram is not permissible to be outside the Haram. As for what is obligatory outside the Haram, it is permissible to be where the cause is found, and it is also permissible in the Haram. The blood of being prevented is where the prevention is found. But if we suppose that he wants to transfer it to the Haram, there is no harm. For this reason, the author said: "For the poor of the Haram". Who are the poor of the Haram? Are they the people of Makkah, or everyone who is within the boundaries of the Haram? Are they the residents, or those who came for Hajj and want to return, i.e., the non-residents? So we now have four things:
First: Is the intended meaning of "residents of the Haram" the residents of Makkah, or whoever is within the boundaries of the Haram?
Second: Is the intended meaning of "the poor of the Haram" those who are residents in the Haram, or even the non-residents? We say: There is no difference between one who is inside Makkah or outside Makkah but outside the boundaries of the Haram, and there is no difference between the poor person being from the people of Makkah or from the non-residents. So if we find poor pilgrims and we slaughter what is obligatory upon us of the sacrifice and give it to them, there is no harm. So the intended meaning of "the poor of the Haram" is: those who are in the Haram from the poor, whether they are in Makkah or outside Makkah, or whether they are from the people of the place or they are non-residents, because they are all eligible to receive it. And because the Prophet (peace and blessings be upon him) ordered Ali to give charity with the meat of the camels that were offered to him, and he did not exclude anyone, this indicates that the non-resident is like the people of Makkah. And his saying "For the poor of the Haram", is the intended meaning of "the poor" the poor and the needy, or only the poor?
The questioner : The first one.
The Shaykh : The first, it includes the poor and the needy, because we say if the word "the poor" comes alone or the word "the needy" comes alone, each of them includes the other. And if the word "the poor" and the word "the needy" come together, the poor are in greater need than the needy, as is clarified in the chapter of Zakah.
The author said: "And the expiation for the nuisance". What is the expiation for the nuisance? It is: slaughtering a sheep, or feeding six poor people, half a sa' for each poor person, or fasting three days. It is mentioned in the saying of Allah the Exalted:[Al-Baqarah 2:196]. And it is called the expiation for the nuisance because of what?
The questioner : ... .
The Shaykh : Because of the saying of Allah the Exalted:[Al-Baqarah 2:196].
He said: And the wearing of sewn garments and the like. The wearing of sewn garments, its expiation is the expiation for the nuisance as mentioned before. And it has been mentioned to us that the prohibitions, the prohibitions of Ihram, are divided into four categories in terms of expiation. And his saying "And the like" means like the expiation for the nuisance and the wearing of sewn garments, such as the expiation for perfume, covering the head, and the like.
"And the blood of being prevented" where its cause is found. The blood of being prevented, being prevented means being blocked. It means the blood that became obligatory due to being prevented, which is mentioned in the saying of Allah the Exalted:[Al-Baqarah 2:196]. And the author's saying "The blood of being prevented", the al- here is for mental reference, meaning whatever constitutes being prevented, by which a person is permitted to exit his state of Ihram from his rites. It is only the blockade by an enemy according to the well-known view of the school of thought. It was said that the intended meaning of being prevented is everything that prevents a person from completing his rites, whether it is an enemy or something else, such as the loss of provisions, illness, or the breaking of the pilgrim, for example, and the like. And this second opinion is the most correct, and it will come, if Allah wills, in the chapter on missing and being prevented.
He said: "Where its cause is found". "Where" is a circumstantial phrase of place, meaning it is where the cause is found, whether in the state of Ihram or in the state of non-Ihram. If we suppose that a person, for example, entered the state of Ihram from al-Qarn al-Manazil and committed a prohibited act in al-Sharai', and al-Sharai' is before the boundaries of the Haram, it is permissible for him to perform the expiation in the same place in al-Sharai'. And likewise, if he entered the state of Ihram from al-Hudaybiyyah and committed a prohibited act on his way to Makkah before reaching the boundaries of the Haram, it is permissible for him to perform the expiation in the place where the prohibited act was committed, and it is permissible to transfer it to the Haram, because what is permissible in the state of non-Ihram is permissible in the state of Ihram. And it is excepted from committing a prohibited act.
The questioner : He... .
The Shaykh : No, what is an example of a voluntary sacrifice?
The questioner : That one of them is performing Hajj alone, or ... from a single person.
The Shaykh : That he offers a sacrifice that is not obligatory; he is performing Hajj alone and has no sacrificial animal due upon him, but he volunteers to offer a sacrifice. Every sacrificial animal: or the sacrifice may be obligatory, such as the sacrifice of Tamattu' or Qiran, or the sacrifice may be an expiation for leaving an obligatory act or for committing a prohibited act. "Or feeding" means every feeding, such as feeding six poor people in the expiation for the nuisance, or feeding the poor in the penalty for hunting, and the like. The author says: "For the poor of the Haram, meaning it is distributed to the poor of the Haram". This is not absolute for every sacrifice, because the sacrifice of Tamattu' and Qiran is a sacrifice of gratitude, so it is not obligatory to distribute it to the poor of the Haram; rather, its ruling is the ruling of the 'Id sacrifice, meaning that one eats from it, gives gifts, and gives charity. This is the sacrifice of Tamattu' and Qiran. However, the one who gives charity from the sacrifice of Tamattu' or Qiran must give it to the poor of the Haram, and charity given to anyone other than the poor of the Haram is not valid. If a person slaughters the sacrifice of Tamattu' or Qiran in Makkah and then takes the meat out to al-Sharai' or to Haddah or the like, and eats there and distributes it to the poor there, it does not suffice for him, because it must be for the poor of the Haram. The sacrifice that is due for leaving an obligatory act must be given entirely in charity to the poor of the Haram. The obligatory sacrifice for committing a prohibited act other than hunting may be in the Haram or in the place where the prohibited act was committed; it may be in the Haram or in the place where the prohibited act was committed. The evidence that it may be in the place where the prohibited act was committed is that the Messenger of Allah (peace and blessings be upon him) ordered Ka'b ibn 'Ujr to expiate with a sheep in the place where the prohibited act was committed. And because this blood became obligatory due to the violation of the rites in a specific place, it is permissible for its expiation to be in that place. And what is permissible to do outside the Haram is permissible to do inside the Haram. Meaning, what is permissible to slaughter and distribute outside the Haram is permissible to slaughter and distribute inside the Haram, but not the reverse; what is obligatory in the Haram is not permissible to be outside the Haram. As for what is obligatory outside the Haram, it is permissible to be where the cause is found, and it is also permissible in the Haram. The blood of being prevented is where the prevention is found. But if we suppose that he wants to transfer it to the Haram, there is no harm. For this reason, the author said: "For the poor of the Haram". Who are the poor of the Haram? Are they the people of Makkah, or everyone who is within the boundaries of the Haram? Are they the residents, or those who came for Hajj and want to return, i.e., the non-residents? So we now have four things:
First: Is the intended meaning of "residents of the Haram" the residents of Makkah, or whoever is within the boundaries of the Haram?
Second: Is the intended meaning of "the poor of the Haram" those who are residents in the Haram, or even the non-residents? We say: There is no difference between one who is inside Makkah or outside Makkah but outside the boundaries of the Haram, and there is no difference between the poor person being from the people of Makkah or from the non-residents. So if we find poor pilgrims and we slaughter what is obligatory upon us of the sacrifice and give it to them, there is no harm. So the intended meaning of "the poor of the Haram" is: those who are in the Haram from the poor, whether they are in Makkah or outside Makkah, or whether they are from the people of the place or they are non-residents, because they are all eligible to receive it. And because the Prophet (peace and blessings be upon him) ordered Ali to give charity with the meat of the camels that were offered to him, and he did not exclude anyone, this indicates that the non-resident is like the people of Makkah. And his saying "For the poor of the Haram", is the intended meaning of "the poor" the poor and the needy, or only the poor?
The questioner : The first one.
The Shaykh : The first, it includes the poor and the needy, because we say if the word "the poor" comes alone or the word "the needy" comes alone, each of them includes the other. And if the word "the poor" and the word "the needy" come together, the poor are in greater need than the needy, as is clarified in the chapter of Zakah.
The author said: "And the expiation for the nuisance". What is the expiation for the nuisance? It is: slaughtering a sheep, or feeding six poor people, half a sa' for each poor person, or fasting three days. It is mentioned in the saying of Allah the Exalted:
a ransom of fasting [three days] or charity or sacrifice
ففدية من صيام أو صدقة أو نسكThe questioner : ... .
The Shaykh : Because of the saying of Allah the Exalted:
And whoever among you is ill or has an ailment of the head
فمن كان منكم مريضاً أو به أذى من رأسهHe said: And the wearing of sewn garments and the like. The wearing of sewn garments, its expiation is the expiation for the nuisance as mentioned before. And it has been mentioned to us that the prohibitions, the prohibitions of Ihram, are divided into four categories in terms of expiation. And his saying "And the like" means like the expiation for the nuisance and the wearing of sewn garments, such as the expiation for perfume, covering the head, and the like.
"And the blood of being prevented" where its cause is found. The blood of being prevented, being prevented means being blocked. It means the blood that became obligatory due to being prevented, which is mentioned in the saying of Allah the Exalted:
But if you are prevented, then [offer] what can be obtained with ease of sacrificial animals
فإن أحصرتم فما استيسر من الهديHe said: "Where its cause is found". "Where" is a circumstantial phrase of place, meaning it is where the cause is found, whether in the state of Ihram or in the state of non-Ihram. If we suppose that a person, for example, entered the state of Ihram from al-Qarn al-Manazil and committed a prohibited act in al-Sharai', and al-Sharai' is before the boundaries of the Haram, it is permissible for him to perform the expiation in the same place in al-Sharai'. And likewise, if he entered the state of Ihram from al-Hudaybiyyah and committed a prohibited act on his way to Makkah before reaching the boundaries of the Haram, it is permissible for him to perform the expiation in the place where the prohibited act was committed, and it is permissible to transfer it to the Haram, because what is permissible in the state of non-Ihram is permissible in the state of Ihram. And it is excepted from committing a prohibited act.